Governor announces special election dates in House District 10

Governor Kay Ivey signed a proclamation on Monday setting special election dates for Alabama House District 10. This seat was vacated by Republican David Cole, who resigned on August 30 after signing a plea agreement admitting that he knowingly voted at a polling place where he was not authorized to vote. Governor Ivey set the special primary election for Tuesday, December 12, 2023. The special primary runoff, if necessary, will be held on Tuesday, January 9, 2024. The special general election has been set for Tuesday, March 26, 2024. “The people in House District 10 deserve to be fully represented in the legislative process, and by calling this special election, we will ensure that to be the case. Those in public office must be held accountable and to the highest standard,” said Governor Ivey. “I encourage everyone in this district to get out and vote during this special election to ensure you have a strong voice advocating for you in the Alabama Legislature.” The deadline for qualifying with the two major political parties will be Tuesday, October 10, 2023, at 5:00 p.m. Independent and minor party candidates have until Tuesday, December 12, 2023, at 5:00 p.m. to turn in all of their paperwork with the Alabama Secretary of State’s office, including ballot access petition signatures. During the legislative session, the Alabama House of Representatives was divided 77 to 28, with Republicans having a commanding supermajority. There are vacancies, so the current split is 75 to 27, pending the results of the three special elections. House District 10 represents a portion of fast-growing Madison County. House District 10 was targeted by Democrats in 2022 as a possible swing district that they thought they could win. Cole is the second member of the Alabama House of Representatives to plead guilty to criminal misdeeds and resign from the Legislature this year. Fred “Coach” Plump (D-Fairfield) was the other. Plump was indicted in a federal corruption probe. It was widely known that Cole, a successful doctor, did not live in District 10 but ran (and was elected) for the seat anyway. In Alabama, every voter is assigned a polling place based on their home address. Cole admits to having broken that law by voting at a different polling place. Both Cole and Plumb were freshmen legislators. Contact the Alabama Republican Party or the Alabama Democratic Party for more information about running for the vacant HD10 seat. The eventual winner will serve for the remainder of Cole’s term and then have to face voters again, along with the rest of the Alabama Legislature, in the 2026 election. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.

State Rep. David Cole arrested for voter fraud

On Tuesday, State Representative David Cole (R-Huntsville) was arrested on charges of voting at an unauthorized voting location. Tuesday’s arrest is part of a lengthy investigation of Cole’s residency. Investigators are conducting a probe into whether or not Cole actually lives in the district that he represents – District 10. Under Alabama law, you must vote at the polling place you are assigned based on residency. Speaker of the House Nathaniel Ledbetter (R-Rainsville) issued a statement on Tuesday following the arrest. “This afternoon, the Speaker’s Office became aware of David Cole’s arrest on the charge of fraud—voting at an unauthorized location,” Speaker Ledbetter said. “As this is an ongoing investigation, we are still waiting to learn more details as they become available.” “In recent years, the Alabama House has prioritized legislation that promotes election integrity, and we believe that any allegation of fraud must be addressed regardless of the party, public official, or candidate involved,” Ledbetter continued. “Alabamians may remain confident that their elections are conducted honestly, their votes are cast and counted fairly, and their ballot boxes are secure. Now, it is up to a court of law to determine the validity of the allegations Cole is facing, and I anticipate Alabama’s election laws will withstand their true intent.” His election opponents brought the matter up before the November election, but Cole, the Republican nominee, won anyway. Libertarian Elijah Boyd has brought a pending legal action against Cole, and there are media reports that authorities do believe that there may be merit to the accusations. Cole, a doctor, owns a big house outside of the district. He claims to rent another house in the district, but he apparently never sold the home that he owns, and his critics maintain that he and his wife do not live at the address he wrote on his qualifying papers. Cole’s tenure in the Legislature has been overshadowed by the looming residency litigation. Cole was reportedly booked into the Madison County Jail, where he is being held on a $2,500 bond. Cole serves as Medical Director of Occupational Health Group. He and his wife, Melanie, have three children. They are members of First Baptist Church of Huntsville and St. John the Baptist Church in Madison. David is a graduate of Arkansas State University and received his Doctorate Degree in Medical Services from the University of Arkansas. If convicted, Cole would be the second member of the Alabama House of Representatives convicted of crimes this year. The other being former State Rep. Fred Plump (D-Birmingham). Cole, like Plump, was elected for the first time in 2022. To connect with the author of this story or to comment, email brandonmreporter@gmail.com.

State Representative Fred “Coach” Plump has been indicted by the Justice Department

On Tuesday, the U.S. Department of Justice (DOJ) announced that State Representative Fred “Coach” Plump has been indicted for conspiracy and obstruction of justice. U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Carlton L. Peeples, and Internal Revenue Service, Criminal Investigation Special Agent in Charge James Dorsey announced that the freshman Democratic lawmaker from Fairfield plans to resign his seat in the Alabama House of Representatives. Plump’s resignation has been confirmed by the Alabama Media Group talking to Plump’s attorney Richard Jaffe. “For decades, Representative Fred ‘Coach’ Plump has tirelessly and unselfishly given so much to so many at-risk inner-city youths through the Piper Davis Youth Baseball League, a community-based non-profit 501(c)(3) organization which he created,” Jaffe told the Alabama Media Group. “Through his passion for sports and dedication to the Birmingham community, he has changed the lives of countless young boys and girls. Although he did not personally profit, his heart was always in the right spot despite the clear errors in judgment for which he now takes full responsibility.” The federal government is accusing Plump of stealing money from taxpayers, paying kickbacks to a legislative assistant, and then obstructing justice by informing the assistant of the investigation after he was contacted by federal agents. A second member of the House of Representatives is also involved in this conspiracy. State Rep. John Rogers, a Birmingham Democrat, told the Alabama Media Group that he is probably the State Representative number one referred to in the DOJ statement. Rogers denies having done anything wrong. Rogers was not actually named in the statement. Plump is accused of then sharing some of the misappropriated dollars with a legislator’s assistant. The legislature budgeted money that individual legislators can give out as checks around their districts without going through the budgeting process or any sort of legislative oversight. Members of the Alabama House of Representatives get $100,000 to ingratiate themselves in their districts, while State Senators get $250,000. When Republicans initially took over control of the Alabama Statehouse in 2010, they initially eliminated the practice of allowing legislators to “play Santa Claus” around their districts with little or no oversight. Since then, the practice has been restored and expanded at the urging of the membership. Representative number one (Rogers) was given $500,000 from 2019 to 2023 through the community grants program. $400,000 of that money went to the Piper Davis Youth Baseball League, where Coach Plump was the executive director. Plump apparently took much of that money for his own personal use as well as to pay a kickback to the legislative assistant. The DOJ says that Plump has agreed to plead guilty and pay $200,000 in restitution. Plump’s attorney Richard Jaffe told Alabama Today, “There is no evidence that I am aware of that suggests that Coach personally diverted any of the funds he received to his personal accounts. In fact, all of the evidence shows that those funds went to the 501C organization baseball programs he created for the benefit of youth.” Plump narrowly unseated veteran lawmaker Rep. Rod Scott in the Democratic primary runoff last year. Scott was targeted by his fellow House Democrats because Democratic leadership accused Scott of being too bipartisan and not sufficiently loyal to the Democratic Caucus. The controversial legislative grant program remains in the proposed fiscal year 2024 budget which will be voted on in committee on Wednesday despite the corruption scandal. Wednesday will be day 25 of the 2023 Alabama Regular Legislative Session. Plump has since formally tendered his resignation from the State House. This article was edited on June 4 to include the statement from Plump’s attorney To connect with the author of this story or to comment, email brandonmreporter@gmail.com.